Blaise Baheten Metock v. Minister of Justice, Equality and Law Reform
European Union Court of Justice
Case C-127/08, 2008 E.C.R. I-6241 (2008)
- Written by Elliot Stern, JD
Facts
Ikeng was a citizen of the United Kingdom living in Ireland. Ikeng married Blaise Baheten Metock (plaintiff), a citizen of Cameroon, not a European Union (EU) member state. Metock had applied for asylum when he arrived in Ireland. After marrying Ikeng, Metock applied for a residence card to allow him to stay in Ireland as a spouse of an EU citizen. Metock’s application was based on an EU directive (the directive) that granted the right of EU citizens and their non-EU citizen family members (non-EU family members) to reside in an EU member state other than the state in which the EU citizen was a national (the host member state). Ireland rejected Metock’s asylum claim and denied his request for a residence card. The basis for Ireland’s denial of residency for Metock was an Irish law that placed conditions on exercising the right of residence under the EU directive for non-EU family members. Specifically, the law conditioned the right of residence in the host member state for non-EU family members on the non-EU family member having previously been a lawful resident in another EU member state before arriving in the host member state.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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